Forauer v. The Vermont Country Store, Inc., No. 5:2012cv00276 - Document 19 (D. Vt. 2013)
Court Description: OPINION AND ORDER granting 7 Plaintiff's Motion for Conditional Certification of Collective Action, granting in part and denying in part Plaintiff's Motion to Notify Class; and granting in part and denying in part 10 Defendant's Cross-Motion for Right to Object to Plaintiff's Proposed Notification of Class. Signed by Chief Judge Christina Reiss on 7/31/2013. (Attachments: # 1 Addendum) (pac)
Download PDF
<![CDATA[
Forauer v. The Vermont Country Store, Inc. Doc. 19 Att. 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT DOREEN FORAUER, ) ) ) ) Plaintiff, v. ) THE VERMONT COUNTRY STORE, INC., Defendant. Case No. 5:12-cv-276 ) ) ) ) NOTICE OF OPPORTUNITY TO JOIN A LAWSUIT TO RECOVER BACK WAGES TO: All current and former Telemarketing Sales Representatives and Customer Service Representatives employed by The Vermont Country Store, Inc., within three years prior to the date of this Opinion and Order, dated July 31, 2013. RE: Lawsuit against The Vermont Country Store, Inc., under the federal Fair Labor Standards Act, 29 U.S.c. §§ 201-219. INTRODUCTION The purpose of this notice is to inform you of a lawsuit in which you may be "similarly situated" to the Named Plaintiff, Doreen Forauer. This notice is to advise you of how your rights may be affected and to inform you of the procedure to make a claim if you choose to do so. DESCRIPTION OF THE LAWSUIT A lawsuit has been filed against The Vermont Country Store, Inc. ("VCS") on behalf of Plaintiff Doreen Forauer and all other similarly situated individuals who worked as Telemarketing Sales Representatives or Customer Service Representatives for ves during the past three years. The lawsuit claims that these individuals are owed minimum wages under the federal Fair Labor Standards Act (the "FLSA"), 29 U.S.C. §§ 206, 216(b), for hours worked that were not paid. The lawsuit also seeks an additional amount as liquidated damages, as well as attorney's fees and costs. The lawsuit is currently in its early stages. VCS denies the 1 Dockets.Justia.com claims in the lawsuit, and maintains that Plaintiff Doreen Forauer and the potentially similarly situated individuals were appropriately paid for all time worked. PERSONS ELIGIBLE TO RECEIVE THIS NOTICE The United States District Court for the District of Vermont (the "court") has ordered this FLSA notice to be distributed to: All current and former Telemarketing Sales Representatives and Customer Service Representatives employed by The Vermont Country Store within three years prior to the date of this Opinion and Order, dated July 31,2013. YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT If you fit the description above, you may choose to join this lawsuit by mailing, faxing, or emailing the attached "Consent to Become a Party Plaintiff' form to the Plaintiffs attorneys at the following address: Meub Gallivan & Larson, Attorneys, P.e. Attn: Chris Larson P.O. Box 811, Rutland, VT 05702-0811 Telephone: (802) 747-0610 Fax: (802) 747-9268 Email: larson@yourvtlawyer.com Website: www.yourvtlawyer.com The form titled "Consent to Become a Party Plaintiff' must be received in sufficient time for the Plaintiffs attorneys to file it with the court on or before sixty (60) days from the date this notice was sent. The form should be returned to the Plaintiffs attorneys at the above address. If you fail to return the "Consent to Become a Party Plaintiff' form to the Plaintiffs attorneys in time for it to be filed with the court on or before sixty (60) days from the date this notice was sent, you may not be able to participate in this lawsuit. EFFECT OF JOINING OR NOT JOINING THIS LAWSUIT If you choose to join this action, you will be bound by any ruling, judgment, award or settlement, whether favorable or unfavorable to you. If you do not join this action, you will not be bound by any ruling, judgment, award, or settlement entered in this case, whether favorable or unfavorable to you. If you do not join this lawsuit, you are free to take action on your own. If you file a "Consent to Become a Party Plaintiff' form, your 2 continued right to participate in this action will depend upon a later decision by the court that you and the named Plaintiff are "similarly situated" in accordance with applicable laws and that it is appropriate for this case to proceed as a collective action. STATUTE OF LIMITATIONS The FLSA has a maximum statute of limitations of three years. If you choose to join this action, you may be able to recover damages only if you were improperly denied compensation during weeks worked within three years of the date you file your form for "Consent to Become a Party Plaintiff." If you choose not to join in this action or file your own action, some or all of your potential claims may later be barred by the applicable statute of limitations. NO RETALIATION PERMITTED The law prohibits retaliation against employees for exercising their rights under the FLSA. It is illegal for VCS to fire you or retaliate against you in any other way because you choose to participate in this lawsuit. YOUR LEGAL REPRESENTATION IF YOU JOIN If you choose to join this lawsuit by filing a "Consent to Become a Party Plaintiff' form, you will be agreeing to representation by the Plaintiffs attorneys: Meub Gallivan & Larson, Attorneys P.O. Box 811, Rutland, VT 05702-0811 Telephone: (802) 747-0610 Fax: (802) 747-9268 Email: larson@yourvtlawyer.com Website: www.yourvtlawer.com The attorneys are being paid on a contingency fee and/or statutory basis, which means that ifthere is no recovery, there will be no attorney's fees. If there is a recovery, the attorneys will receive a part of any settlement obtained or money judgment entered in favor of all members of the class. The specific terms and conditions of any representation will be contained in a fee agreement entered into by the attorneys· and you. ATTORNEY FOR DEFENDANT VCS The attorney for the Defendant, The Vermont Country Store, is: Andrew H. Maass, Esq. Ryan Smith and Carbine LTD 3 98 Merchants Row, P.O. Box 310 Rutland, VT 05701 (802) 786-1028 (802) 786-1128 direct fax ahm@rsclaw.com FURTHER INFORMATION Further information about this lawsuit or this notice can be obtained by contacting the Plaintiffs attorneys at the address, telephone number, or email provided under the section "Your Legal Representation If You Join." AUTHORIZATION This notice has been authorized by the United States District Court for the District of Vermont; however, the United States District Court has made no decision in this case about the merits of the Plaintifrs claim or yeS's defenses. 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT DOREEN FORAUER, Plaintiff, v. THE VERMONT COUNTRY STORE, INC., Defendant. ) ) ) ) ) ) ) ) ) Case No. 5:12-cv-276 CONSENT TO BECOME A PARTY PLAINTIFF I agree to join the lawsuit against The Vermont Country Store, Inc., as a plaintiff, to make claims for wage and hour violations under the Fair Labor Standards Act, 29 U.S.C. §§ 206, 216(b). During my employment, there were times when I worked before or after my shift as a Telemarketing Sales Representative or Customer Service Representative and was not paid for all of my time before, during, or after my shift. By my signature below, I hereby authorize the filing and prosecution of the above-captioned Fair Labor Standards Act lawsuit in my name and on my behalf by the above representative Plaintiff Doreen Forauer. I hereby designate the above representative Plaintiff Doreen Forauer as my class representative and my agent to make decisions on my behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiffs attorneys concerning attorney's fees and costs, and all other matters pertaining to this lawsuit. Name: Signature: Date: Address: Telephone Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 1 The "Consent to Become a Party Plaintiff' form must be received by the Plaintiff's attorneys on or before sixty (60) days from the date the "Notice of Opportunity to Join a Lawsuit to Recover Back Wages" was sent. This form must be sent to: Meub Gallivan & Larson, Attorneys, P.e. Attn: Chris Larson P.O. Box 811, Rutland, VT 05702-0811 Telephone: (802) 747-0610 Fax: (802) 747-9268 Email: larson@yourvtlawyer.com Website: www.yourvtlawyer.com 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
